California Lawyers Association

Litigation Section

Updates and events from the Litigation Section

A monthly publication of the Litigation Section of the California Lawyers Association. Read more
Mix and match your choices (OnDemand or Podcast). Purchase all five in the series and save 50%! Offer ends Jan. 31, 2021. Read more
A monthly publication of the Litigation Section of the California Lawyers Association. Read more
The California Lawyers Association (the “CLA”) Racial Justice Committee (the “RJC”) was formed in the response to the unlawful killing of George Floyd and numerous other African Americans by law enforcement. The genesis of the RJC occurred in May 2020 during a meeting of the Executive Committee of the Litigation Section of the California Lawyers Association under the leadership of RJC Co-Founder and Co-Chair Adrieannette Ciccone; RJC Co-Founder and Co-Chair and Litigation Section Vice Chair Terrance J. Evans; Litigation Section Chair George Wailes; Litigation Section Officers Mary McKelvey and Jessica Barclay-Strobel; Litigation Section Immediate Past Chair Thomas Greene; and Litigation Section Executive Committee Member Katy Graham. Read more
Our nation is at a crossroads with regard to racial justice issues. Where society and the law will go next is unclear, but significant changes—long overdue—are brewing. This issue of California Litigation focuses on some of these important topics, looking forward, looking back, and examining where we are today. Read more
I have a vivid recollection of the client. He limped into the jail interview room, wincing as he sat on the bench. His face was bruised and swollen. His version of the events stood in stark contrast to the officer’s account in the police report. Similar experiences are shared by most, if not all, seasoned defense attorneys. Defense attorneys have an important duty to investigate in circumstances suggesting law enforcement misconduct. This article addresses the legal means of getting records and information from law enforcement officers’ personnel files. Read more
The greatest generation grew up during the depression and fought in World War II. The greatest of the greatest did all that and battled Jim Crow as well. Read more
Imagine being a teenager; not just the awkward moments, but the moments we live to reminisce about. Now imagine being a teenager arrested, accused, convicted, and sentenced to life imprisonment for a murder you did not commit. That was the reality of Zavion, and Franky, Arturo, Obie, Armando, and countless others. Read more
My grandfather was a well-respected, reasonably successful lawyer in post-colonial India. Lawyers also seem disproportionately likely to lead nation-states, movements, and revolutions, and to transition seamlessly into politics and government. But I didn’t become a lawyer to pay homage to family tradition. Nor did I aspire to lead a movement or rise through the ranks in the public sector. Read more
An essential prerequisite to an impartial jury is that it be drawn from a representative cross-section of the community. Courts at the federal and state level have been grappling with this issue for decades in cases where prospective jurors who were members of a minority group (typically based on race or gender) were removed from venires by peremptory challenges. The law has evolved from allowing attorneys to make peremptory challenges without showing a reason (see Swain v. Alabama (1964) 380 U.S. 202) to adopting a methodology to test whether members of cognizable groups were improperly removed from juries. The process began with two cases. Read more

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